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December 27, 2017

PTAB Life Sciences Report

About the PTAB Life Sciences Report: Each month we will report on developments at the PTAB involving life sciences patents.

Visionsense Corp. v. Novadaq Technologies, Inc.

PTAB Petition: IPR2017-01426; filed May 11, 2017.

Institution of Inter Partes Review; entered November 16, 2017.

Patent at Issue: U.S. Patent No. 8,892,190 ("Method and apparatus for performing intra-operative angiography," issued November 18, 2014) claims a method for assessing blood flow moving through a vessel graft anastomosed in fluid communication with an interconnected group of blood vessels in an animal, the vessel graft and at least a portion of the blood vessels being exposed during a surgical procedure on the animal, the method comprising the steps of: (a) administering a fluorescent dye to the animal such that the dye enters the vessel graft and the interconnected group of blood vessels; (b) exciting the fluorescent dye within the vessel graft and said exposed portion of the interconnected group of blood vessels with a source of illumination, thus causing the dye to emit radiation; (c) capturing the radiation emitted by the fluorescent dye with a camera capable of imaging a series of angiographic images within the vessel graft and said exposed portion of the interconnected group of blood vessels, the images including at least an image of a fluorescent wavefront corresponding to an interface between the flowing blood that first contains the fluorescent dye introduced, such image being captured by the camera as the fluorescent wavefront transitions through the exposed vessel graft and interconnected croup of blood vessels; and (d) evaluating the angiographic images to assess blood flow through the vessel graft relative to blood flow through the interconnected group of blood vessels.

Related Matters: According to the petition, the '190 patent is not involved in any litigation matters.

FlatWing Pharmaceuticals, LLC. v. Anacor Pharmaceuticals, Inc.

PTAB Petition: IPR2018-00168; filed November 21, 2017.

Patent at Issue: U.S. Patent No. 9,549,938 ("Boron-containing small molecules," issued January 24, 2017) claims a method of treating a Tinea unguium infection of a toenail of a human, the method comprising: topically administering to the toenail of the human a pharmaceutical composition comprising 1,3-dihydro-5-fluoro-1-hydroxy-2,1-benzoxaborole or a pharmaceutically acceptable salt thereof in an amount sufficient to treat the infection.

Petitioners FlatWing Pharmaceuticals, LLC, Ragneesh Ahuja, and Wicker Pharmaceuticals, LLC are challenging the '938 patent on four grounds as being obvious under 35 U.S.C. § 103(a). View the petition here.

Patent at Issue: U.S. Patent No. 9,566,290 ("Boron-containing small molecules," issued February 14, 2017) claims a method of treating a human having onychomycosis of a toenail caused by Trichophyton rubrum or Trichophyton mentagrophytes, the method comprising: topically administering to the toenail a pharmaceutical composition comprising an amount of 1,3-dihydro-5-fluoro-1-hydroxy-2,1-benzoxaborole or a pharmaceutically acceptable salt thereof, effective to inhibit an aminoacyl tRNA synthetase in the Trichophyton rubrum or Trichophyton mentagrophytes.

Petitioners FlatWing Pharmaceuticals, LLC, Ragneesh Ahuja, and Wicker Pharmaceuticals, LLC are challenging the '290 patent on four grounds as being obvious under 35 U.S.C. § 103(a). View the petition here.

Patent at Issue: U.S. Patent No. 9,572,823 ("Boron-containing small molecules," issued February 21, 2017) claims a method of delivering a compound, in a human, from a dorsal layer of a nail plate to a nail bed to treat onychomycosis caused by Trichophyton rubrum or Trichophyton mentagrophytes, the method comprising: contacting the dorsal layer of the nail plate with a pharmaceutical composition comprising a compound that penetrates the nail plate, the compound being 1,3-dihydro-5-fluoro-1-hydroxy-2,1-benzoxaborole or a pharmaceutically acceptable salt thereof, thereby treating onychomycosis due to Trichophyton rubrum or Trichophyton mentagrophytes.

Petitioners FlatWing Pharmaceuticals, LLC, Ragneesh Ahuja, and Wicker Pharmaceuticals, LLC are challenging the '823 patent on four grounds as being obvious under 35 U.S.C. § 103(a). View the petition here.

Patent at Issue: U.S. Patent No. 7,049,328 ("Use for deferiprone," issued May 23, 2006) claims a method of treating iron induced cardiac disease in a blood transfusion dependent patient experiencing an iron overload condition of the heart, said method comprising administering to the patient a therapeutically effective amount of deferiprone or a physiologically acceptable salt thereof sufficient to stabilize/reduce iron accumulation in the heart resulting from being transfusion dependent.